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Chapter 455B - Jurisdiction of Department of Natural Resources
The Underground Storage Tank (UST) section is governed by the Iowa Administrative Code (IAC).
Chapter 134 is divided into Parts A (Certification of Groundwater Professionals), B (Certification of UST compliance Inspectors), and C (Licensing of UST Professionals) to aid the reader in finding these specific sections.
Chapter(s) involved: 567 IAC Chapter 134 - Underground Storage Tank Licensing and Certification Programs; 567 IAC Chapter 135- Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, and 567 IAC Chapter 136 - Financial Responsibility for Underground Storage Tanks.
The proposed state regulations represent a significant change to our current UST rules. You can view the revised federal regulations along with rule summary, history and other resources on EPA’s website. The DNR has been working with stakeholders for more than 3 years to adopt the 2015 federal regulations.
2020 UPDATE: Iowa has made revisions to the draft rules since last posted in September 2018. Below are the most recent versions of the proposed rules (January 2020). New revisions since the last draft are highlighted in light blue.
Iowa’s existing UST rules are in effect, until the proposed state rule changes are adopted. The federal regulations did NOT take effect in Iowa in October 2018. EPA has indicated the first year of testing is due October 13, 2021.
DNR has created a 30 day walkthrough inspection form. Owners/Operators may
begin doing them voluntarily.
What UST Facilities need to test by October 13, 2021? All UST facilities must have their first spill containment testing, overfill prevention testing, and leak detection system test completed by October 13, 2021. UST facilities with tanks and piping installed after November 28, 2007 must use interstitial monitoring as the primary method of leak detection. Containment sumps (tank top sumps, under dispenser containments, and transition sumps) used for interstitial monitoring must be tested by October 13, 2021. This testing must be conducted by an Iowa licensed UST Professional.
What does State Program Approval (SPA) mean? Federal law allows the EPA to approve state programs to operate in place of the federal requirements if those state programs have standards that are no less stringent than the federal requirements and provide adequate enforcement of compliance with those standards. Iowa has delegated authority to oversee UST regulations in Iowa through EPA's State Program Approval (SPA) process. But because EPA adopted rules for USTs in 2015, Iowa must also adopt equivalent regulations, as well as reapply for SPA in order to maintain oversight authority. States were given three years to complete the reapplication process (due by October 2018). Iowa’s existing UST rules are in effect until the proposed state rule changes are adopted, or if EPA formally withdraws Iowa’s existing SPA.
The DNR has regular contact and provides updates to EPA staff. EPA is aware that each state has different rule-making processes and schedules. EPA does not intend to withdraw a state’s program approval as long as the state is making good faith effort and progress in adopting rules in a reasonable timeframe.
Where is Iowa at in the formal rule-making process? As of January 2020, proposed rules are under DNR legal review. Key steps remaining in the rule-making process: Governor’s office pre-approval, presentation of Notice of rule for approval before the Environmental Protection Commission (EPC), presentation of Notice of rule before the Administrative Rules Review Committee (ARRC), formal public hearings, presentation of Final rule for approval before EPC, presentation of Final rule before ARRC.
In the meantime, Iowa's existing UST regulations are what UST owners must comply with until the proposed state rules are adopted. The 2015 EPA federal regulations are NOT in effect in Iowa, however all facilities must complete their first round of testing by October 13, 2021.
We appreciate your patience and input on this effort.